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Hamilton council is taking no action against  Mayor Fred Eisenberger for discussing a private personnel matter with Spectator columnist Andrew Dreschel in May 2007.

Council voted 8-4 to accept lawyer George Rust-D’Eye’s report into the mayor’s conduct at 11:30 last night after an hour’s discussion behind closed doors.

Rust-D’Eye concluded that the mayor contravened the city’s code of conduct but that his motives were proper, no harm was done and no action was warranted.

“In fact, I believe that the motives and objectives of Mayor Eisenberger in attempting to deal with unauthorized leaks of information and to correct misinformation, were wholly proper, consistent with the duties of his office and done in the public interest,” Rust-D’Eye wrote.

“His contravention of the code of conduct does not appear to have had any negative impact on the liability or legal position of the city. No other law was broken and no one’s rights infringed. This should end the matter.”

The mayor said he was “completely comfortable with the recommendations.”

“The mayor does have added responsibility to be sure accurate information is disseminated into the public realm,” he added

A tape of Dreschel’s conversation with the mayor was given to Councillor Brad Clark who sent copies to a weekly newspaper reporter and to councillors Sam Merulla and Scott Duvall last June.

When Eisenberger learned the details were to be published, he called a news conference to admit he had broken the code and to invite an investigation.

The mayor alleged the recording had been stolen from his office and asked police to investigate.

Former CHCH-TV reporter Ian Dovey, who is suing for wrongful dismissal from his job as an assistant to Eisenberger, later released a statement saying he owned the tape, so he couldn’t have stolen it. Police say they are looking into the mayor’s complaint.

Rust D’Eye has been appointed to conduct a separate investigation into Clark’s conduct in leaking the tape. In that case, he will act as the city’s interim integrity commissioner, a post created after the Eisenberger incident. As commissioner, he has greater investigative powers and could a punish a violation himself by docking Clark’s pay for up to three months.

Council decided to make Rust D’Eye’s report public after it is edited to remove personal references.

For:  McCarthy, Bratina, Merulla, Collins, Ferguson, Jackson, Morelli, Whitehead  (8)

Against; Pasuta, Mitchell, Pearson, Powers (4)

Fred Eisenberger and Brad Clark declared a conflict and did not take part.